Idaho Rental Occupancy Limits and Overcrowding Laws Explained

If you’re renting in Idaho—especially in shared housing or with roommates—it’s important to understand how occupancy limits and overcrowding rules affect your living situation. Idaho does not have a statewide law with a fixed number of people per bedroom, but local city ordinances and federal guidelines may apply. Recognizing these rules can help renters avoid problems or misunderstandings with landlords or property managers.

What Are Occupancy Limits?

Occupancy limits set the maximum number of people who can live in a rental unit. These rules aim to ensure safety, prevent overcrowding, and keep dwellings in good condition. In Idaho, occupancy guidelines commonly follow either:

• Local city or county ordinances (check your city’s website or local code enforcement office)
• The federal U.S. Department of Housing and Urban Development (HUD) “2 plus 1 rule”¹

This general rule allows two people per bedroom, plus one additional person. For example, a two-bedroom apartment could legally house up to five people, unless a stricter local rule applies.

Idaho Laws and Local Ordinances About Overcrowding

While Idaho does not have a specific statewide occupancy law, many cities, such as Boise, have adopted local regulations based on international housing codes. These codes may limit the number of individuals in a rental unit based on:

• The square footage of sleeping areas
• The number of bedrooms
• Fire and safety requirements

For example, the City of Boise enforces housing codes based on the International Property Maintenance Code (IPMC). Typically, every sleeping room must provide at least 70 square feet for one person, and at least 50 square feet per person if the room is shared. Always check your local city or county code for specifics.

How Landlords Set Occupancy Rules

Landlords may include occupancy limits in the lease, but these must not violate local laws or discriminate based on family status. The federal Fair Housing Act protects tenants from being treated unfairly due to family size, children, or other protected categories.

What Happens If You Exceed Occupancy Limits?

If a landlord or city finds too many people living in a unit, you could face:

• A written notice to reduce the number of occupants
• Possible eviction if occupancy is not corrected
• Health and safety inspections

Relevant Forms and How to Use Them

If you need to respond to an occupancy complaint or demonstrate your legal right to stay, here are some official steps Idaho renters may take:

• Tenant Complaint Form (no official statewide form; local municipalities may provide their own)
  Example: Boise’s Rental Housing Complaint Form. Use this to report unsafe housing conditions or overcrowding concerns. Submit online or by mail to your local city compliance office.

Currently, Idaho does not have a unified state tenancy tribunal, but civil housing matters may be handled by your county’s district court. The Idaho Supreme Court & State Judiciary oversees residential tenancy disputes.²

Relevant Idaho Tenancy Law

Most Idaho landlord-tenant matters are governed under Idaho Statutes Title 6, Chapter 3 – Forcible Entry and Unlawful Detainer and Residential Landlord and Tenant Act (Title 6, Chapter 3).³ These do not set occupancy limits but describe your general rights as a renter.

Action Steps for Idaho Renters Facing an Occupancy Dispute

• Check your lease and any written rules for occupancy limits.
• Contact your local city or county housing office for specific regulations in your area.
• If given a notice or citation, respond in writing and keep copies.
• If you believe the occupancy limit is discriminatory or incorrect, consider contacting the U.S. Department of Housing and Urban Development (HUD) Fair Housing Office.

FAQs About Occupancy Limits and Shared Housing in Idaho

1. How many people can legally live in a rental unit in Idaho?
   Most Idaho cities use occupancy standards like two people per bedroom plus one extra, but check your local ordinance for exact numbers.
2. Can my landlord set their own occupancy limits?
   Landlords can establish reasonable limits in the lease, but they must follow fair housing laws and local codes.
3. What if my rental feels overcrowded or unsafe?
   You can file a complaint with your city’s code enforcement office or use an official municipal form if available.
4. Does Idaho have a specific tribunal for tenant disputes?
   No. Disputes are handled in your county’s district court system; information is provided by the Idaho Judiciary.
5. Where can I find the legal rules for landlords and tenants in Idaho?
   See the Idaho Landlord and Tenant Act for complete legislation.

Key Takeaways for Idaho Renters

• Occupancy rules are set by local ordinances, not Idaho state law—always check your city code or ask your landlord.
• Exceeding local limits can risk eviction or enforcement, but renters are protected from discriminatory rules under the Fair Housing Act.
• Use official city forms or contact your municipal housing office if you have concerns about overcrowding or shared housing rights.

Need Help? Resources for Renters

• Idaho Supreme Court & State Judiciary – Official portal for residential legal information and court procedures
• Idaho Landlord and Tenant Act – Read the legislation outlining your rental rights
• City of Boise Rental Housing Code Compliance – Local housing complaints and occupancy questions
• HUD Idaho Field Office – Federal guidance on tenant rights and fair housing

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1. HUD Occupancy Standards
2. Idaho State Judiciary
3. Idaho Statutes Title 6, Chapter 3

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